Madras High CourtCRL OP/25460/2016allowed

Solainathan, Aged 37 Years v. State By

2017-04-19Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM Criminal Original Petition No.25460 of 2016 and Crl.M.P.No.12358 of 2016 Solainathan .. Petitioner/Accused Vs.

1.State by The Sub-Inspector of Police, Sholinghur Police Station Vellore District.

Crime No.86 of 2015.

..Respondent-1/Complainant 2.D.Kumar ..Respondents-2/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.33 of 2015 pending on the file of the Judicial Magistrate, Sholinghur, Vellore District and quash the same.

For Petitioner : Mr.S.Silambu Selvan For 1st Respondent : Mr.M.Mohammed Riyaz Government Advocate(Crl.Side) For 2nd Respondent : Mr.D.Thirumoorthy

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in CC.No.33 of 2015 on the file of learned Judicial Magistrate, Sholinghur, Vellore District. 2.Heard Mr.S.Silambu Selvan, learned counsel for petitioner and Mr.M.Mohammed Riyaz, learned Government Advocate for first respondent and Mr.D.Thirumoorthy, learned counsel appearing for second respondent. Both side parties are present today.

3.Taking into consideration the affidavit of second respondent/defacto complainant dated 14.11.2016, and also the submissions of either side, that the matter stands compromised and finding offences under Sections 294(b), 427, 506(i) of IPC compoundable, this Court would quash proceedings in C.C.No. 33 of 2015 on the file of the learned Judicial Magistrate, Sholinghur, Vellore District.

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4.Accordingly, Criminal Original Petition is allowed. The proceedings in C.C.No. 33 of 2015 on the file of the learned Judicial Magistrate, Sholinghur, Vellore District is quashed and the affidavit filed by second respondent/defacto complainant shall form part of the records. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rm To

1. The Judicial Magistrate, Sholinghur, Vellore District.

2. -do- through The Chief Judicial Magistrate Vellore.

3. The Sub-Inspector of Police, Sholinghur Police Station Vellore District, Crime No.86 of 2015.

4. The Public Prosecutor, High Court, Madras. 600 104. + 1 cc to Mr.S. Silambuselavan, Advocate SR.23895 Crl.O.P.No.25460 of 2016 and Crl.M.P.No.12358 of 2016 EV(CO) EU 27.4.17 https://hcservices.ecourts.gov.in/hcservices/